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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Default Is a Receipt a Contract

    My question involves a consumer law issue in the State of: New Mexico/online

    In late December an internet search brought me to a website (for a Florida based company) listing several items as free. Though I was skeptical, I placed an order assuming that somewhere along the process the price would be corrected. It never was and I received an invoice showing my balance as paid as well as an email saying my payment had been accepted. Shortly thereafter I received another email saying that the item was out of stock. Since that time I have had no further contact from the company despite having sent an email inquiring about the status of the order. I re-visited the page today and the prices are still listed as free.

    Does my receipt and invoice constitute a "contract" for the sale at the listed price? If so, isn't the company obligated to meet the terms at the contract price?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Is a Receipt a Contract

    The fast answer is "maybe".

    Most websites have a disclaimer about incorrect pricing and such... however, since it has been such a long time on the same price/product mix, my spidey sense tells me there is something else going on.

    Maybe these products are free contingent upon the purchase of another item.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is a Receipt a Contract

    Maybe they use the page to draw links and viewers to their site, but never restock their inventory.

    We don't know what's going on; we would have to guess. Guessing doesn't much help you. Right now, you're in a much better position to guess what's going on than we are, because you've at least seen the site.

  4. #4
    Join Date
    Jan 2009
    Posts
    2

    Default Re: Is a Receipt a Contract

    Thanks for both replies. I have scoured the page (including the link for legal considerations) and have found nothing even remotely close to a disclaimer about pricing or any mention of a contingent offer.

    As I said, too, the receipt shows the account paid in full and specifies "free order".

    Here's a link to one of the products on the page. As of 1/12/09 it is still showing as free.

    http://www.pilatesreformerstore.com/22-step-barrel.html

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